The tenants do have rights, some of which were extended in recent years to cover this specific situation, so it's not a cut and dry answer. They really need to talk to an attorney. Email me directly if you can't find an attorney, I have some people who my clients have used in the past.... more

A witness means nothing. Do you have something in writing from the lender saying that a foreclosure would be delayed?

As a practical matter, two different branches of the lender handle loan modifications and foreclosures. The two often run parallel. That is, while the people there are working on the loan modification, other people in another department are working equally hard on a foreclosure. Whichever gets to the finish line first "wins." In this case, the foreclosure people got there before the loan modification people.

Is it legal? Probably. Depends in part on whether the process was under HAFA or HAMP--government programs designed to assist homeowners.

You can contact your state attorney general's office and try to get them involved.

Discrimination in housing is prohibited by the Fair Housing Act of 1968 (FHA) and its amendments. The conduct prohibited includes discrimination in the sale or rental of housing on the basis of race, color, religion, national origin, sex, handicap or familial status. The Americans with Disabilities Act (ADA) prohibits discrimination against disabled people in commercial real estate matters.

The bank most likely is trying to avoid any type of fraud by selling to the previous owner or anyone related to them. It is a standard practice.... more

Keep in mind that assessed value has no bearing on market value; therefore review comps with your agent, recently sold similar properties in the immediate area and then make a determination on price; as for any advice needed, since none of us are directly involved, consult with your agent, he/she is your best guide...... more

Good question Matt, The assessors website for comparable sales is a good tool for a starting point but it will only compare square footage. I can search the Multiple Listing Service for you and send you information on sold properties that will help you compare condition, ameneties and will include pictures that will aloow you to make a more informed decision. Feel free to send me the addresses of any properties you are considering pruchasing and I can send you back a link. My email is Sherry@SherryDixon.com.... more

The ability to change realtors will depend on what type of agreement you signed with them. It will also depend on what type of agreement you signed ( a listing agreement or a buyers agentcy) there should be an exiration date on agreement. If the date of the expiration has come the agreement is null than void. However, make sure you read the agreement, because of any efforts the agent may have made that either was a procuring cause in a buyer buying the listed property or buying a property that the buyer agent showed you.

Banks never do anything in writing but may force you to do a counter on your side in writing.

Ken, You should first ask your bankruptcy attorney for advice. You may also want to call the Douglas County Treasurer's office to see what amount you would need to pay and also ask them about a homestead exemption. There are circumstances for people who own their own homes where taxes are not due.
Check out the link I have provided.... more

I am in some ways trying to find the same answer to your question. I am waiting for a sheriff's sale that is in a few weeks and trying to do my home work prior to the sale. Novastar mortgage is the one that is forclosing on the proeperty. I would like to know if they usually buy back their properties for what they owe, or if they let them go since they have so many of them.

As for finding their REO List, our county recorders office has all of that information online, you can search by property or plantif, so if you just type in Novastar it will show all past and current cases pending in that county where Novastar or any other lender is listed.